Throughout these terms and conditions, Goods refers to the Hurricane fabric and accessories as supplied by West Shore Construction Corporation (and herewith referred to as WSC) and purchased by you.
Us, Our, Ours, We refers to WSC.
You, Your, Yours refers to the person whose purchasing the goods from WSC for personal purpose.
- Our Contract
1.1 This website constitutes an online shopping facility for You to purchase hurricane fabric for the purpose of self-installation. A contract between You and Us shall be deemed legally binding upon acceptance of Your order. Acceptance of Your order will be confirmed by an e-mail which will be sent to You upon receipt of Your order.
2.1 The price as detailed on the order summary section will be the price payable for the Goods. This price includes all applicable sales taxes (currently, applicable in Florida only).
2.2 Upon acceptance of Your order as per section 1.1, We shall debit the price of the Goods from Your chosen method of payment.
- Order Cancellation by You (custom made Goods)
3.1 Orders may only be cancelled & refunded if you request this before the production of your hurricane fabric begins. The production will never begin until YOUR order details have been verbally discussed & confirmed by You with Our staff over the phone. A Cancelled order at this stage can be refunded but carries an admin fee of $25.00 to cover our costs.
3.2 Orders which proceed to production following Our office phone call with You, cannot later be cancelled for any reason. As soon as order details are agreed over the phone or via email, the production process begins that same day.
- You understand that your order will be made to the custom sizes you provide WSC and You agree the sales price is not refundable goods.
- Order Cancellation by Us
5.1 In certain situations it may be necessary for Us to cancel Your order. This may be due to a production issue with Our manufacturing plant, or other circumstances outside of Our control. In the event of this occurring We will notify you via e-mail and re-credit any money debited at order placement.
5.2 We will not be liable for any compensation payment in the event of order cancellation by Us.
5.3 WSC will have no liability whatsoever to You for any damage or consequential loss caused by WSC cancelling Your order in accordance with clause 5.1 above.
- Product Description & Design
6.1 WSC has done everything in its power to ensure that the information as displayed on this website is accurate, correct and true. If You are in any doubt about the information as conveyed by Us, please contact Our support team prior to order placement.
7.1 WSC has done Our best to ensure that the website provides as much information as possible to assist You in achieving correct measurement of Your window, door or other opening for Your Hurricane fabric. Please refer to Our website for instructions regarding measurements. Please note that if You are in any doubt about the measurements taken, please contact Our support team prior to order placement.
7.2 If the measurements You supply to us vary from Your actual requirements, we cannot accept any liability for any consequential losses either direct or indirect and cannot accept return of the Goods or issue a refund in respect of the Goods, provided that the Goods have been manufactured in accordance
7.3 If you require exact confirmation of these design details prior to production please contact Our support team before submitting your order.
7.4 On receipt of your order Our staff will call You to confirm You have understood Our measuring guides.
7.5 Manufacturing tolerance levels of overall panel and frame specifications are plus or minus 1/2″, and the product will not be considered defective if falling within the size range.
- Delivering Your Goods
8.1 We will dispatch Your hurricane fabric as soon as the goods are ready. While We quote a lead time of between 2-8 weeks for delivery of Your hurricane fabric (depending upon the time ordered), these are estimates only and time is not of the essence. While We make every effort to ensure that delivery times are met. We cannot accept responsibility for any damage or consequential loss arising out of any delay.
8.2 Delivery of your shutters will be undertaken by a courier company of our choosing. Delivery will be to your address (unless any physical restriction prevents this) and the product will be offloaded onto your driveway. We are not liable for delivery of the product into a specified location of your home.
8.3 On delivery of your shutters please ensure boxes are in good condition. You must sign the couriers delivery note and if damage has occurred ensure this is noted on accepting the goods. WSC will not take any responsibility for goods damaged in transportation, which have not been signed for as ‘damaged’.
8.4 Time is not of the essence in the contract.
8.5 Ownership & title of the goods will pass to You upon delivery.
9.1 As the product is installed by You or a third party, WSC cannot accept any responsibility for damage made to the product or your building at installation. You are provided with full instructions however if You do not understand any part of the procedure please contact Our support team for help before You attempt to install.
9.2 If You choose to pay a third party for the purpose of installing the goods and problems arise during installation, We will not accept any liability for the work carried out by such third parties.
9.3 We give no warranty as to the fitness of the product supplied other than that of a hurricane fabric. Other installation and uses are at Your own risk.
- Defective Goods
10.1 All Goods as supplied by WSC are covered by a guarantee against defects in craftsmanship or materials. The guarantee period is as follows:
The applicable guarantee period begins when the Goods are delivered to You. If Your goods arrive damaged or there is a defect in manufacturing, You must report this to the WSC OFFICE WITHIN 7 DAYS OF RECEIPT OF THE GOODS. Any issues You report to Us need to be accompanied by photographic evidence. WSC cannot be held responsible for any damage or defect once the 7 day reporting time has lapsed.
10.2 We shall not be held liable for any costs incurred by You or any third party who has been employed by the Buyer to install the hurricane fabric. In the event of defective or damage hurricane fabric needing to be replaced, we shall not be responsible for any costs incurred by You for the refitting of the replacement hurricane fabric.
10.3 If the Goods are deemed defective, We will not automatically issue You with a refund. We will offer You replacement of the Goods or a suitable alternative as deemed by us.
10.4 Goods that have been used in unsuitable conditions or having been subjected to irregular use may not be deemed acceptable for return as detailed in clauses 9.1- 9.3
- Payment Security
11.1 We pledge to You to retain all credit card and payment information within a completely secure environment, doing everything within Our power to ensure no other party outside of WSC has access to this information.
- Governing Law
12.1 This contract is subject to the laws and courts of the State of Florida and the exclusive jurisdiction of the Florida courts. 10.If either YOU or WSC brings an action under this contract, the non-prevailing party agrees to pay all costs, expenses, and attorney fees related to the dispute through appeal and judgment enforcement. In the event suit is brought by YOU or WSC relating to or arising out of any dealings between YOU and WSC, each agrees to: (A) WAIVE JURY TRIAL WHICH WAIVER INCLUDES ALL CAUSES OF ACTION, COUNTERCLAIMS, CROSSCLAIMS, AND DEFENSES WHICH ARE OR COULD BE ASSERTED; (B) agree venue shall be in Pinellas County, Florida including all pre and post judgment depositions. Florida law governs the terms hereof. In the event that any dispute arises out of this contract, the parties agree not to post or have others post any derogatory information about the other party on the World Wide Web or internet or to commit any act that would serve to damage the reputation of any of the parties to the agreement.
13. Use of Our Website
We reserve the right to change these Terms and Conditions without prior notice.